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Draft of Proposed Amendments on Mining

MIAMI TOWNSHIP ZONING RESOLUTION

MIAMI TOWNSHIP, GREENE COUNTY,OHIO

AMENDED MAY, 2000
 

                                                           TABLE OF CONTENTS

                                       MIAMI TOWNSHIP ZONING RESOLUTION

SECTION 1   PURPOSE.....................................................…...................…......7

SECTION 2  CONSTRUCTION OF LANGUAGE AND DEFINITIONS.....8

                       Section 2.1  Construction of Language....................…...................8

                       Section 2.2  Definitions..............................................…................8

SECTION 3 DISTRICTS AND BOUNDARIES...........................................  26

                       Section 3.1 Districts.............................................…......................26

                       Section 3.2 Maps....................................................…...................26

                       Section 3.3 District Boundaries..................................,..................26

SECTION 4 GENERAL PROVISIONS..........................................................27

                       Section 4.1 Required Conformance..............................................27

                       Section 4.2 Exemptions to Restrictions........................................28

                       Section 4.3 Non-Conforming Uses of Buildings..........................28

                       Section 4.4 Conversion of Dwellings...........................................29

                       Section 4.5 Accessory Buildings in R-Districts............................30

                       Section 4.6 Street Frontage Required...........................................31

                       Section 4.7 Rear Dwellings..........................................................31

                       Section 4.8 Accessory Uses.........................................................31

SECTION 5  A-1 AGRICULTURAL DISTRICT...........................................32

                       Section 5.1 Purpose................................................…...................32

                       Section 5.2 Principal Permitted Uses............................................32

                       Section 5.3 Conditional Uses...................................…..................33

                       Section 5.4 Accessory Uses.......................................…................35

                       Section 5.5 Height Regulations....................................…..............35

                       Section 5.6 Area, Frontage and Yard Requirements.....................36

                       Section 5.7 Signs............................................................…...........36

SECTION 6  R-1A SINGLE FAMILY RESIDENCE DISTRICT................37

                      Section 6.1 Purpose...........................................................….........37

                      Section 6.2 Principal Permitted Uses...................................….......37

                      Section 6.3 Conditional Uses.................................................….....37

                      Section 6.4 Height Restrictions............................................…..….38

                      Section 6.5 Area, Frontage and Yard Requirements..............….....38

                      Section 6.6 Signs......................................................................…..38

SECTION 7 R-1B SINGLE-FAMILY RESIDENCE DISTRICT...............39

                      Section 7.1 Purpose.....................................................….............39

                      Section 7.2 Principal Permitted Uses.............................…...........39

                      Section 7.3 Conditional Uses...........................................…........39

                      Section 7.4 Height Regulations..........................................…......39

                      Section 7.5 Area, Frontage and Yard Requirements...................39

                      Section 7.6 Signs..................................................................…....40

SECTION  8 R-2 TWO-FAMILY RESIDENCE DISTRICT......................41

                      Section 8.1 Purpose...............................…...................................41

                      Section 8.2 Principal Permitted Uses..........................................,41

                      Section 8.3 Conditional Uses...................…................................41

                      Section 8.4 Required Conditions................….............................42

                      Section 8.5 Height Regulations......................,............................42

                      Section 8.6 Area, Frontage and Yard Requirements...................42

                      Section 8.7 Signs...........................................…..........................42

SECTION 9 R-3 MULTI-FAMILY RESIDENCE DISTRICT...................43

                      Section 9.1 Purpose.........................................….........................43

                      Section 9.2 Principal Permitted Uses.................….......................43

                      Section 9.3 Conditional Uses...............................….....................43

                      Section 9.4 Required Conditions............................…..................48

                      Section 9.5 Height Regulations...................................................48

                      Section 9.6 Area, Frontage and Yard Requirement.................. ..48

                      Section 9.7 Signs.......................................................…...............48

SECTION 10 BUSINESS DISTRICT...........................................................49

                      Section 10.1 Purpose...................................................…............49

                      Section 10.2  Principal Permitted Uses.......................................49

                      Section 10.3 Conditional Uses......................................…...........49

                      Section 10.3 Height Regulations.....................................….........50

                      Section 10.4 Area, Frontage and Yard Requirements.................50

                      Section 10.5 Signs.............................................................….......50

SECTION 11 I-1 INDUSTRIAL DISTRICT...............................................51

                     Section 11.1 Purpose...............................….................................51

                     Section 11.2 Permitted Principal Uses.........................................53

                     Section 11.3 Accessory Uses.....................…...............................53

                     Section 11.4 Conditional Uses.....................….............................53

                     Section 11.5 Required Conditions..................…...........................53

                     Section 11.6 Height Regulations......................…..........................54

                     Section 11.7 Area, Frontage and Yard Requirements..................54

                     Section 11.8 Signs...................................................................…..54

SECTION 12 F-1 FLOOD PLAIN PROTECTION OVERLAY..................55

                     Section 12.1 Finding of Fact............................................…...........55

                     Section 12.2 Purpose...........................................................….......55

                     Section 12.3 Flood Plain Overlays on Existing  Districts..............56

                     Section 12.4 Warning and Disclaimer of Liability.........................56

                     Section 12.5 Boundaries of Overlay.......................................…....56

                     Section 12.6 Authorized Uses Within the Overlay....................….56

SECTION 13 PLANNED UNIT DEVELOPMENT......................................58

                     Section 13.1 Intent.........................................................,,..............58

                     Section 13.2 Type of Planned Development Districts....................58

                     Section 13.3 Criteria for Planned Development Districts...............58

                     Section 13.4 Pre-Application Consultation......................,.............59

                     Section 13.5 Developer’s Options.....................................,...........59

                     Section 13.6 Submission of Pre-Development Plans.....................60

                     Section 13.7 Procedure for Approval of Pre-Development Plan....61

                     Section 13.8 Action by Township Trustees...................................62

                     Section 13.9 Submission of Final Development Plan in

                                         Accordance with an Approved Pre-Development

                                         Plan...............................................................….........62

                     Section 13.10 Procedure for Approval of Final Development

                                           Plan with Approved Pre-Development Plan............64

                     Section 13.11 Submission of Final Development Plan

                                            Without an Approved Pre-Development Plan........65

                     Section 13.12 Action by the Township Zoning Commission

                                            on a Single -Stage Development Plan....................67

                     Section 13.13 Action by the Township Board of Trustees............67

                     Section 13.14 Extension of Time or Modification........................67

                     Section 13.15 “PD-R”, “PD-MR” Planned Residential Districts...68

                     Section 13.16 “PD-B” Planned Business District..........................70

                     Section 13.17 “PD-I” Planned Industrial District..........................71

SECTION 14 SPECIAL PROVISIONS.........................................................72

                    Section 14.1 Parking and Loading Areas.......................................75

                    Section 14.2 Recreation Vehicles, Mobile Homes…………...…..75

                    Section 14.2a Mobile Home Parks……………………………....75

                    Section 14.3 Signs.......................................................…................75

                    Section 14.4 Quarries, Commercial Mines and Gravel Pits............80

                    Section 14.5 Sanitary Landfills........................................,..............82

                    Section 14.6 Swimming Pools........................................….............84

                    Section 14.7 Junk..............................................................…..........84

                    Section 14.8 Junk Yards.....................................................…........84

                    Section 14.9 Private Accessory Swimming Pools.......…..…….....86

SECTION 15 EXEMPTIONS AND MODIFICATIONS.............................87

                    Section 15.1 Existing Lots of Record......................…...................87

                    Section 15.2 Height Limits........................................….................88

                    Section 15.3 Area Requirements...................................................88

                    Section 15.4 Front Yard Modifications.........................................89

                    Section 15.5 Double Frontage Lots.............................…...............89

                    Section 15.6 Rear and Side Yard, How Computed.......................89

                    Section 15.7 Projections into Required Yards...............................89

SECTION 16 ENFORCEMENT...................................................................91

                    Section 16.1 Enforcement by Zoning Inspector............................91

                    Section 16.2 Filing Plans, Zoning Permits....................................91

                    Section 16.3 Certificate of Occupancy and Compliance...............92

                    Section 16.4 Duty of Zoning Inspector.........................................92

                    Section 16.5 Fees.................................................................,........93

                    Section 16.6 Violations and Penalties...........................................93

                    Section 16.7 Violations-Remedies................................................93

SECTION 17 DUTIES OF ZONING COMMISSION.................................94

SECTION 18 BOARD OF ZONING APPEALS..........................................95

                    Section 18.1 Creation..........................................................….......95

                    Section 18.2 Membership and Organization..................................95

                    Section 18.3 Hearing.............................................................….....95

                    Section 18.4 Powers and Duties..............................................…...95

                    Section 18.5 Temporary Exceptions..........................................….101

                    Section 18.6 Effective Date........................................................…101

SECTION 19 AMENDMENTS OR SUPPLEMENTS,

                        VALIDITY & REPEAL.........................................................102

                   Section 19.1 Amendments or Supplement.....................................102

                   Section 19.2 Validity.....................................................................102

                   Section 19.3 Repeal.......................................................................102

                   Supplement #1- Wireless Communications Facilities....................103

SECTION 20 SCHEDULE OF YARD AND LOT REQUIREMENTS.....126

SECTION 21 ILLUSTRATIONS..................................................................130

        MIAMI TOWNSHIP ZONING  RESOLUTION

Sect. 1             Purpose:

  This resolution is enacted, and amended as necessary, for the purpose of protecting and promoting the health, safety and welfare of Miami Township residents; to secure the most  appropriate use of land resources; to promote and protect the rural aesthetic quality of Miami Township through agricultural uses and open space preservation; to regulate development density; to promote and protect environmental concerns; and to maintain a balance between the specific rights of property owners and the general welfare of the larger community.

     Furthermore, this resolution is intended to guide and regulate future developments of a residential, business, or industrial nature within the incorporated areas of Miami Township and to provide the methods of administration and redemption, as permitted in Chapter 519 of the Ohio Revised Code.

Sect. 2    Construction of Language and

                             Definitions

 2.1 Construction of Language

For the purposes of this Resolution, certain terms or words used herein shall be interpreted as follows:

The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual; the present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular; the word "shall" is mandatory, and the word "may" is per­missive; the words "used" or "occupied" include the words "intended", "de­signed", or "arranged to be used or occupied", the word "building" includes the word "structure", and the word "dwelling" includes the word "residence", the word "lot" includes the words "plot" or "parcel". In case of any difference of meaning or implication between the text of this Resolution and any caption or illustration, the text shall control.

Terms not herein defined shall have the meaning customarily assigned to them.

2.2    Definitions

2.201 Accessory Use or Building: Is a use or building on the same lot with, and of a nature customarily incident and subordinate, to those of the main use or building.

2.202 Agriculture: The use of a tract of land for farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, animal and poultry husbandry, and the necessary accessory uses for packing treating, or storing the produce, provided however that:

a. The operation of any such accessory use defined above shall be secondary to that of normal agricultural activities;

b. The above uses shall not include the feeding of garbage or offal to swine or other animals;

c. The above uses shall not include the feeding or sheltering animals or poultry in penned enclosures within one hundred (100) feet of any residential zoning district;

d. The above uses shall not include the operation or maintenance of a feed lot or a commercial stockyard.

 2.203 Agricultural Service Establishment: A business primarily engaged in agricultural or horticultural activities, including soil preparation services, landscaping, greenhouse, farm equipment sales, service or repair.

2.204  Airport

2.2041 Airport; (Commercial): Any runway, landing strip, or other facility designed or used by any person for the landing and take­off of aircraft by the public for commercial purposes, and may also include services such as fuel sales, storage, repair services, and aircraft sales.

2.2042 Airport; (Private): Any runway, landing strip, or other facility designed or used by any person for the landing, take-off, and storage of aircraft on his own property principally for his own use.

2.205 Alley: Is any dedicated public way affording a secondary means of access to abutting property and not intended for general traffic circulation.

2.206 Alterations: Is any change, addition, or modification in construction or type of occupancy, any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed".

2.207  Apartment: Is a suite of rooms or a room in a multi-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit as herein defined.

2.208  Auto Service Station: Is a place where gasoline or any other automobile engine fuel (stored only in underground tanks), kerosene, or motor oil and lubricants or grease (for operation of motor vehicles) are retailed directly to the public on the premises; including the sale of minor accessories and the services of and minor repair of automobiles, not including storage of inoperable vehicles.

2.209  Auto Repair Station: Is a place where, along with the sale of engine fuels, the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame, or fender straightening and repair; overall painting and undercoating of automobiles.

2.210a  Basement: Is that portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story, except as provided in paragraph 2.290.

2.210b  Bed and Breakfast: Is a single family dwelling unit in which the principal use is the permanent residential quarters for the resident owner, and in which bedrooms in the principal structure are made available for transient occupancy for a fee. Such occupancy shall be for less than twenty five (25) consecutive days and occupied by no more than four (4) adults per room, with breakfast served upon the premises as part of the accommodations.

2.211  Block: Is the property abutting one side of a street and lying between the two nearest intersecting streets, (crossing or terminating) or between the nearest such street and railroad right-of-way, unsubdivided acreage, river or live stream; or between any of the foregoing and any other barrier to the continuity of development, or corporate lines of the municipality.

2.212  Board of Appeals: Is the Board of Zoning Appeals of Miami Township, Greene County, Ohio.

2.213  Boarding House: Any building originally designed for and used as a single family dwelling or part thereof, where rooms for lodging, with or without meals, are provided for compensation for ten (10) or fewer persons who are not members of the keeper's family. Furthermore, the owner and/or operator shall live on the premises. A rooming house or bed and breakfast establishment shall be deemed a boarding house for the purposes of this Resolution.

2.214  Building: Is any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter, or enclosure of persons, animals, chattels, or property of any kind.

2.215 Building Height: Is the vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip, and gambrel roofs. Where a building is located on sloping terrain the height may be measured from the average ground level of the grade at the building wall.

2.216  Building Line: Is a line formed by the face of the building, and for the purposes of this Resolution, a building line is the same as a front setback line.

2.217  Certificate of Occupancy and Compliance: Is a document issued by the Zoning Inspector which indicates that building, structures or uses have been constructed or are consistent with the Zoning Permit.

2.218  Clinic: Is an establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists or similar professions.

2.219  Club: Is an organization of persons for special purposes or for thepromulgation of sports, arts, sciences, literature, politics, or the like, but not operated for profit.

2.220 Conditional Use: A use permitted within a district other than a principally permitted use, requiring a conditional use permit and ap­proval the board of zoning appeals. These uses are permitted only after the applicant has followed the procedures of Section 18.44.

2.221 Conditional Use Permit: This is a permit issued by the Board of Appeals to allow certain specific developments that would not otherwise be al­lowed in that particular zoning district where the land is located. These permits are issued only after the applicant has followed the procedures as stated in this Resolution. Development under a Conditional Use Permit differs from a zoning change in that it is much more specific. The applicant submits plans and if approved, he must follow those plans exactly or reapply for a permit before deviating from that plan.

2.222 Convalescent or Nursing Home: Is an establishment which specializes in providing necessary services to those unable to care for themselves.

2.223 District: Is a portion of the unincorporated area of the township within which certain regulations and requirements or various combinations thereof apply under the provisions of this Resolution.

2.224 Drive-in: Is a business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle, or within a building or structure on the same premises and devoted to the same purpose as the drive-in service.

2.225 Dwelling Unit: Is a building, or a portion thereof, designed for occu­pancy by one (1) family for residential purposes and having cooking fa­cilities.

2.226 Dwelling, One-Family: Is a building designed exclusively for occupancy by one (1) family.

2.227 Dwelling, Two-Family: Is a building designed exclusively for occupancy by two (2) families living independently of each other.

2.228 Dwelling, Multiple-Family: Is a building, or a portion thereof, designed exclusively for occupancy by three (3) or more families living independ­ently of each other.

2.229 Erected: Is a term which includes the acts of building, constructing, altering, reconstructing, moving upon, or any physical operations on the premises which are required for construction. Excavation, fill, drainage, the like, shall be considered a part of erection.

2.230 Family: Is one or two persons or parents, with their direct lineal descend­ants and adopted children together with not more than two persons not so related, or a group of not more than three persons who need not be related, living together as a single housekeeping unit in a dwelling unit.

2.231 Farm: Is all of the contiguous neighboring or associated land operated as a single unit on which agriculture is carried on directly by the owner ­operator or with the assistance of members of his household or hired employees. Farms may be considered as including establishments operated as bona fide greenhouses, nurseries, orchards, chicken hatcher­ies, poultry farms. and apiaries. No farms shall be operated as commer­cial feed lots, or for the disposal of garbage, sewage or sewage byplants, or for the slaughtering of animals except such animals as have been raised on the premises and for the use and consumption by persons residing on the premises.

2.232 Feed lot: Is land used for confining and feeding of livestock, not connected with general farming, for mass production for marketing.

2.233 Fence: Is any structure other than part of a building of sufficient strength and dimensions to prevent straying from within or intrusion from without.

2.234a Filling: Is the depositing or dumping of any matter on to, or into the ground, except as incidental to common household gardening and ground care.

2.234b Flag Lot: A large lot not meeting minimum frontage requirements and where access to the public road is a narrow, private right of way or driveway.

2.235 Floodway Fringe: That portion of the regulatory flood plain which serves primarily as a storage area for the flood waters of the 10 yearflood as designated in the Flood Insurance Study: Unincorporated Areasof Greene County, Ohio. (see Illustration I)

2.236 Floodway: That portion of the regulatory flood plain which is required to carry and discharge the flood waters of the 100 year flood without ob­struction as designated in the Flood Insurance Study: Unincorporated Areas of Greene County, Ohio (see Illustration I)

2.237 Flood Plain, Regulatory: That land area of Township which is subject to inundation by the 100 year flood as determined by the Flood Insurance Study: Unincorporated Areas of Greene County, Ohio prepared by the Federal Emergency Management Agency. (see Illustration I)

2.238 Flood, 100 year: The temporary inundation of normally dry land areas by a flood that is likely to occur once every 100 years (i.e., that has a one percent (1%) chance of occurring each year, although the flood may occur in any year). (see Illustration I)

2.239a Floor Area (For the purpose of computing parking): Is that area used for or intended to be used for the sale of merchandise or services, or to serve patrons, clients or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchan­dise, such has hallways, stairways and elevator shafts, or for utilities or sanitary facilities, shall be excluded from this computation of "Floor Area". Measurements of usable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.

2.239b Frontage: The continuous distance between the side lot lines measured along the required front setback line; and (2) in the case of a corner lot where frontage shall be measured along the shortest front lot line. Property lines which abut limited access roads shall not be construed to be included within any calculation of frontage. (See Illustration)

2.240 Garage; Parking: Is a space or structure or series of structures for the temporary storage or parking of motor vehicles, not primarily of com­mercial vehicles or for dead storage of vehicles, having no public shop or service in connection therewith, other than for the supplying of motor oil and lubricants, air, water and other operating commodities wholly within the buildings, to the patrons of the garage only and not readily visible from or advertised for sale on the exterior of the building.

2.241 Garage; Private: Is an accessory building or portion of a main building designed or used solely for the storage of motor driven vehicles, boats, and similar vehicles owned or used by the occupants of the building to which it is accessory.

2.242 Garage; Service: Is any premises used for the storage or care of motor ­driven vehicles, or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale.

2.243 Grade (Ground level): Is the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five (5) feet of a sidewalk, the above-ground level shall be measured at the sidewalk, unless otherwise defined herein.

2.244 Home Occupation: Is any occupation operated in its entirety within the principal dwelling by the person or persons maintaining a dwelling therein; employing no more than two persons not living within the dwelling; not having a separate entrance from outside the building; not involving alteration or construction not customarily found in dwellings; not utilizing more than twenty five (25) percent of the total actual floor area of any one story; not displaying, or creating outside the structure any external evidence of the operation of the home occupation, except for one  unanimated, nonilluminated, name plate having an area of not more than one (1) square foot.

2.245 Hospital or Sanitarium: Is a public or semi-public facility that provides accommodations and continuous service for the sick and injured includ­ing obstetrical, medical and surgical care.

2.246 Hotel: Is a building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals in which there are ten (10) or more sleeping rooms and no provision made for cooking in individual room or apartment. A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms or meeting rooms.

2.247 Junk:

2.2471 Junk or Inoperable Vehicle: A vehicle shall be deemed junk or an inoperable vehicle whenever any two or more of the follow­ing occur a period of two weeks prior to the filing of a cease and desist order:

a. The vehicle is without a valid, current registration and/ or license plate;

b. The vehicle is apparently inoperable;

c. The vehicle is without fully inflated tires and/or has any type of support under it;

d. The vehicle has a missing or shattered window or wind­shield and/or,

e. The vehicle has an extensively damaged or missing door, motor, transmission, or other similar major part.

2.2472 Junk Yard (Salvage Yard): Any use primarily involved with buying, selling, exchanging, storing, baling, packing, disassem­bling, or handling of waste or scrap materials, including but not limited to vehicles, machinery, and equipment not in operable condition or parts thereof, and furniture, building materials, metals, paper, rags, rubber tires, and bottles. Such operations conducted entirely within completely enclosed buildings shall not be considered a Junk Yard. Two (2) or more junk or inoperative vehicles on a lot shall be considered a Junk Yard.

2.248 Kennel: Is any lot or premises used for the sale, boarding or breeding of dogs, cats, or other household pets. Kennel shall also mean the keeping on, or in, any lot or building of three or more dogs, cats or other house­hold pets which are over the age of six (6) months.

2.249 Landscaping: Is the grading and planting of grass, shrubs, and trees.

2.250 Loading Space: Is an off-street space on the same lot with a building, or group of buildings for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

2.251 Lot: Is a parcel of land occupied, or to be occupied by a main building or a group of such buildings and accessory building, or utilized the principal use and uses accessory thereto, together with such open spaces are required under the provisions of this Resolution. Every lot shall abut upon and have permanent access to a public street or road and have a minimum frontage of one hundred twenty five (125) feet thereon, unless otherwise specified.

2.252 Lot Area: Is the total horizontal area within the lot lines of the lot.

2.253 Lot, Corner: A lot which has at least two contiguous sides, each abutting upon a street for its full length.

2.254  Lot, Interior: Is any lot other than a corner lot.

2.255 Lot, Through: Is any interior lot having frontages on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all sides of said lots adjacent to streets shall be con­sidered frontage, and front yards shall be provided as required.

2.256 Lot Coverage: Is the part or percent of the lot occupied by buildings in­cluding accessory buildings.

2.257  Lot Line: Is a line bounding a lot as defined herein.

2.258 Front Lot Line: A street right-of-way line forming the boundary of a lot. On a comer lot, the street right-of-way line with the least amount of street frontage shall be the front lot line.

2.259 Rear Lot Line: Is that lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten (10) feet long lying farthest from the front lot line and wholly within the lot. In the case of a corner lot, the rear lot line is opposite the front lot line of least dimension.

2.260 Side Lot Line: Is any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

2.261 Lot Width: Is the horizontal distance between the side lot lines, measured at the two points where the building line, or setback line intersects the side lot lines.

2.262 Lot of Record: Is a parcel of land, the dimensions of which are on a document or map on file with the County Recorder or in common use by county officials, and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the re­maining thereof.

2.263 Main Building: Is a building in which is conducted the principal use of the lot upon which it is situated.

2.264 Main Use: Is the principal use to which the premises are devoted and the principal purpose for which the premises exist.

2.265 Major Thoroughfare: Is an arterial street which is intended to serve as a large volume trafficway for both the immediate area and the region be­yond, and may be designated as a major thoroughfare, parkway, freeway, expressway, or equivalent term to identify those streets comprising the basic structure of the street plan. Any street with a right-of-way width, existing or proposed, of eighty (80) or more feet shall be considered a major thoroughfare.

2.266 Mobile Home: A manufactured relocatable residential unit providing complete, independent living facilities for one family including permanent provisions for living, sleeping, eating, cooking, and sanitation. A mobile home is not included within the definition of "Manufactured Home" and the removal of running gear shall not exempt a mobile home from this definition.

2.2661 Mobile Home Park: Any lot upon which two or more mobile homes are located for residential use, either free of charge or for revenue purposes. A mobile home park shall include any roadway, building, structure, vehicle, or enclosure used or in­tended for use as a part of the facilities of such park.

2.2662 Manufactured Homes (Previously referred to as a Modular Home): A factory fabricated transportable building, manufactured after January 01, 1995, consisting of two or more units designed to be assembled into a permanent structure at a building site on a permanent foundation and used for residential purposes by one family, and is built to meet the standards and specifications of the U.S. Housing and Urban Development (HUD) office, and meeting the following requirements:

      2.26621 Affixed to a permanent foundation.

      2.26622 Connected to appropriate utilities.

      2.26623 Width or Length of at least twenty-two (22) feet at one point.

      2.26624 Total minimum living area of 900 square feet excluding garages, porches and attachments.

      2.26625 A minimum 3:12 roof pitch.

      2.26626 A minimum six (6) inch eave overhang including appropriate guttering.

2.267 Motel: Is a series of attached, semi-detached or detached rental units containing a bedroom, bathroom, and closet space. Units shall for overnight lodging and are offered to the public traveling by motor vehicle. It may include all facilities specified under the definition of "Hotel" in Item 2.246.

2.268 Non-conforming Building: Is a building or portion thereof, lawfully existing at the effective date of this Resolution, or amendments thereto and that does not conform to the provisions of the Resolution in the district in which it is located.

2.269 Non conforming Use: Is a use which lawfully occupied a building or land at the effective date of this Resolution or amendments thereto and that does not conform to the use regulations of the district in which it is located.

2.270  Nursery:

2.2701 Plant Material: Is a space including accessory building or structure for the growing or storage of live trees, shrubs or plant materials not offered for retail sale on the premises, including products used for gardening or landscaping.

2.2702 Retail: Is a space including accessory building or structure, or combination there of, for the storage of live trees, shrubs or plants offered for retail sale on the premises, including products used for gardening or landscaping.

2.271 Off-street Parking Lot: Is a facility providing vehicular parking spaces along with adequate drives and aisles, for maneuvering, so as to provide access for entrance and exit for the parking of more than two (2) vehicles.

2.272 Usable Open Space: The required portion of a lot excluding the required front yard area which is unoccupied by principal or accessory buildings and available to all occupants of the building for use for recreational and other leisure activities normally carried on outdoors. This space shall be unobstructed to the sky and shall not be devoted to streets, service driveways or off street parking or loading space, and shall be twenty (20) feet in least dimension on the ground.

2.273 Parking Space: Is hereby determined to be a minimum area of two hundred (200) square feet with minimum dimensions of 10 feet x 20 feet having a vertical clearance of at least 7 feet, said area shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully for the storage or parking of permitted vehicles. For parallel parking, the length of the parking space shall be increased to 24 feet.

2.274 Planned Unit Development: Is land under unified control, planned and developed as a whole according to comprehensive and detailed plans, including streets, utilities, lots or building sites, site plans and design principles for all buildings as intended to be located, constructed, used and related to each other, and for other uses and improvements on the land as related to buildings. Development may be a single operation or a definitely programmed series of development operations including all lands and buildings, with a program for provision, operation and main­tenance of such areas, improvements and facilities necessary for com­mon use by the occupants of the development.

2.275  Political Signs: See section 2.2809

2.276  Swimming Pool: Any artificially constructed pool or natural body of water which contains a depth of water of at least 1-1/2 feet at any point used or intended to be used for swimming or bathing, including any accessory recreational structures.

2.2761 Swimming Pool; (Community): Any swimming pool other than a private pool, which is the principal use upon a lot and operated with or without a charge for admission.

2.2762 Swimming Pool; (Private): A swimming pool located on the same lot as the principal use and used or intended to be used without compensation by the residents and guests of a single family residence, a two-family residence, a multi-family resi­dence, or a motel.

2.277 Public Utility: Is any person, firm, or corporation, governmental department, board or commission duly authorized to furnish and furnish­ing under state or governmental regulations to the public: gas, steam, electricity, sewage disposal, telegraph, telephone, transportation or water.

2.278  Restaurant: Is an establishment whose primary business is serving food  and beverages to patrons for consumption inside the building.